Czy ustawodawca ma obowiązek penalizować przerwanie ciąży? (konstytucyjny wymiar prawnokarnej ochrony życia w fazie prenatalnej)
Is the Legislator Obliged to Criminalize the Termination of Pregnancy? (The Constitutional Dimension of Criminal-Law Protection of Prenatal Life)

Summary/Abstract: The text analyzes the issue of the obligation to criminalize abortion from the perspective of the positive constitutional obligations of the State. For this purpose, the scope of the constitutional protection of life is delineated and the thesis of its dual nature depending on the temporal characteristics of the subject of protection is justified. Based on the analysis of the case law of the Constitutional Tribunal, the European Court of Human Rights and the German Federal Constitutional Court, it is assumed that the legislator may be obliged to recognize conduct harmful to legal interests as prohibited under criminal law. However, the instruments of criminal law are not a standard means of protecting the rights and freedoms of an individual, and the obligation to use them becomes effective when the protection of the property cannot be adequately ensured by means of other protective measures.

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